CCR1999120bAMENDED
RESOLUTION #PC. I20b-99
RECOMMENDATION OF APPROVAL OF A PRELIMINARY PLAT FOR THE
QUIETWOOD CREEK SUBDlVlSlON BY CARITY LAND CORPORATION LOCATED IN
THE SE %OF SECTION 3. AND SE "4 AND NE "4 OF SECTION 10
WHEREAS, A Preliminary Plat was submitted by Carity Land Corporation for Quietwood Creek
for property located in the SE 'A of Section 3. and SE % and NE '/4 of Section IO being generally located
south of Janesville Road. east of the Guernsey Meadows plat, and north of Woods Road, on August 24.
1999, revised on October 27, 1999. and revised November 24. 1999. and
WHEREAS, Said plat consist of approximately 140 acres, and proposes 143 single family
residential lots, outlots encompassing approximately 44 acres, and a commercial property fronting
Janesville Road encompassing approximately 22.5 acres. and
WHEREAS, Said property is currently zoned Rs-2. Suburban Residence District, and Rs-
3 Suburban Residence District. and
WHEREAS. Said Preliminary Plat substantially conforms to that of the Plan
Commission's previously approved sketch, under Resolution #PC 52-99 , on May 5, 1999, with
the exception of the addition of a minor loop street. and
WHEREAS, Said Preliminary Plat substantially conforms to the zoning designations of
Rs-2, Suburban Residence District with OPD Planned Development Overlay, Rs-3 Suburban
Residence District with Planned Development Overlay. 8-3 General Business District with
planned development Overlay as detailed in Common Council Resolution #SO-99, a resolution
which indicates the Common Council's present intention of zoning the subject property, and
WHEREAS, Said OPD Planned Development Overlay zoning district is intended to foster
sound planning and affords the developer to vary lot area, width, setback and offset requirements
provided that the net density is maintained within the boundaries of the Preliminary Plat without
specific compliance to the underlying zoning district regulations that would otherwise be
applicable to each lot, and
WHEREAS, The Land Use 2005 Plan depicts this area for medium density residential
development. with limited commercial development adjacent to Janesville Road. and
WHEREAS, Said parcels will be serviced by City sanitary sewer and water, and
WHEREAS, Access to Janesville Road is subject to Waukesha County Department of
Transportation approval, and the Plan Commission encourages limited access, and
WHEREAS, The Plan Commission has made great efforts to enhance the design aesthetics
of commercial areas adjacent to the Janesville Road corridor. and the Plan Commission desires to
see high quality development within the Quietwood Creek commercial areas. and
WHEREAS, The DNR has determined that the unnamed creek located within the
boundaries of the Preliminary Plat is a navigable body of water, and all parcels created by the Plat
must adhere to the 50 foot setback requirement, as measured from the ordinary high water mark,
and
WHEREAS, wetlands exist on the subject property, and siwH’f-4-
propedydelineate the.boundatries of said wetlands, and
WHEREAS, an unmapped floodplain tributary to Bass Bay exists on the subject propeny
and.said~ Preliminary~~Pla-t~does not properly~delineate~the.boundaFies of saidMoodplain. and
WHEREAS, An isolated natural resource area exists on the subject property-*
Prelirninary4% doeS.net properly delineate..the boundaries of..said isolated~natud resource.area,
and
WHEREAS, Section 18.26 of the Muskego Land Division Ordinance regulates
subdivision platting in wooded areas and requires tree preservation and replacement. and a tree
survey has been provided on the face of the Preliminary Plat. and
WHEREAS, Concurrent with the submittal of the Preliminary Plat. the subdivider has
submitted all required sanitary sewer, water main. storm water management, street. and grading
and erosion control plans to the City, and said plans are subject to review and approval by the
Public Works Committee and Public Utilities Committee, and
WHEREAS, On June 14, 1999 the Park Board determined that bike paths should be
required to serve pedestrian needs within the plat, and~~thefreliminary-P.lat~~as~~submitte~makes RO
i+mt, and
WHEREAS, The minor loop street labeled as “Quietwood Circle” on the construction
plans which accompanied the Preliminary Plat submittal, does not conform to the 150’ minimum
radius requirements for minor streets..~nd.-does~flot coRforrn~~o~fhe....~O% maxirnum~~street...~~l.ade
feqtiiremen~fof~~private~street.s, and said street was not included on the approved sketch. and
WHEREAS, The Preliminary Plat includes the extension of Lakes Parkway within the
plat, and said street is proposed to align with Janesville Road and a relocated Martin Drive in
order to enhance safety,
THEREFORE BE 1T RESOLVED, That the Plan Commission finds the Preliminary Plat
of Quietwood Creek is in conformance with the 2005 Comprehensive Plan, as amended by Plan
Commission Resolution PC #54-99.
BE IT FURTHER RESOLVED. That the Plan Commission recommends approval to the
Common Council of a Preliminary Plat for the Quietwood Creek Subdivision by Carity Land
Corporation, located in the SE ‘/4 of Section 3 and SE ‘/4 and NE % of Section 10, and will be
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receptive to the submittal of Final Plat(s)
BE IT FURTHER RESOLVED, That under the auspices of the OPD Planned
Development zoning overlay district, the Plan Commission recommends approval of the lot areas
as illustrated on the Preliminary Plat.
BE 17 FURTHER RESOLVED. That this approval is subject to resolution of technical
discrepancies as identified by the reports of the City Planning Director and City Engineers, and
payment of all applicable fees required by the Muskego Municipal Code, and outstanding
assessments if applicable.
BE IT FURTHER RESOLVED. That under the auspices of the OPD Planned
Development zoning overlay district, the Plan Commission recommends approval of the lot
widths as illustrated on the Preliminary Plat.
BE IT FURTHER RESOLVED, That under the auspices of the OPD Planned
Development zoning overlay district, the Plan Commission recommends approval of the following
minimum setback requirements for residential lots: Street Yards 35~~30 foot setback; offset one
side IO feet; offset all other sides IS feet; setback from Ordinary High Water Mark of
Navigable Waterways as determined by DNR SO feet, and all minimum setback, offset. and
shoreland setback lines shall be illustrated for each parcel on the face of the Final Plat(s) in order
to clearly delineate the buildable area of each parcel.
BE IT FURTHER RESOLVED. That under the auspices of the OPD Planned
Development zoning overlay district, the Plan Commission recommends approval of the following
minimum setback requirements for commercial lots: Street Yards 40 foot setback; offset one
side IO feet; offset all other sides IS feet; setback from Ordinary High Water Mark of
Navigable Waterways as determined by DNR SO feet. and all minimum setback, offset, and
shoreland setback lines shall be illustrated for each parcel on the face of the Final Plat(s) in order
to clearly delineate the building envelope of each parcel.
BE IT FLTRTHER RESOLVED, That in accordance with Section 6.02(S)C.7 of the
Muskego Zoning Ordinance. a permanent open space preservation easement shall be illustrated on
the Final Plat(s) to affect all outlots. and said easements shall be carefully worded by Carity Land
Corporation to restrict all future building or use of said outlots except as may be necessary to
develop and maintain the storm water management structures as required by the Public Works
Committee as a condition of plan approval, and except as may be consistent with the goal of
providing landscaped open space for the surrounding residences.
BE IT FURTHER RESOLVED, That in accordance with Section 6.02(5)C.8 of the
Muskego Zoning Ordinance, ownership of the outlots shall either be by pro-rata share of lot
owners, and all maintenance and care related to said outlots shall be the sole responsibility of an
incorporated owners association(s) to be established by Carity Land Corporation, or shall be by
the City for public open space purposes as may be negotiated at a later time.
Page 3 5 5
BE IT FURTHER RESOLVED, That Carity Land Corporation shall rename “Lakes
Parkway” to “Martin Drive” on the Final Plat(s) of Quietwood Creek, and concurrent with
submittal of said Final Plat, the Plan Commission shall initiate the procedures necessary to rename
the existing Lakes Drive right-of-way which are located outside the plat boundaries.
BE IT FURTHER RESOLVED. That Carity Land Corporation shall properly illustrate all
delineated wetlands, isolated natural resource areas. an$-pre-development floodplains, and post-
development floodplains on the face of the Final Plat(s).
BE 1T FURTHER RESOLVED. That in accordance with Section 18.26 of the Land
Division Ordinance, prior to commencement of any construction activity by Carity Land
Corporation, a plan for tree preservation shall be provided which includes details of the
preservation efforts, which includes 1 1 replacement of any trees with trunks greater than 6”
diameter (as measured four (4) feet above grade) which are required to be removed, and which
includes the installation of street trees in accordance with adopted Municipal ordinances and
resolutions. Said tree plan shall require separate review and approval by the Plan Commission.
BE IT FURTHER RESOLVED, That all text and notations required by the Waukesha
County Department of Parks and Land Use’s Corrd//iorrcr/ Cer/rficu//o~r (!f No Ohjrcfior? 10
Prehimzry P/u/ shall be illustrated on the face of the Final Plat(s).
BE 1T FURTHER RESOLVED, That all required utility and vision corner easements be
illustrated on the face of the Final Plat(s).
BE IT FURTHER RESOLVED. That Carity Land Corporation shall be responsible for
securing all necessary DNR and Army Corps. of Engineers permits prior to the start of
construction.
BE IT FURTHER RESOLVED, That Carity Land Corporation shall reconcile bike path
routes prior with the Park Board and Plan Commission prior to the start of any construction
activity, and the chosen routes shall be incorporated into the construction plans for each phase of
the Quietwood Creek subdivision.
BE IT FURTHER RESOLVED. That detailed landscape plans are required to be
submitted to the Plan Commission for the 30 foot landscape buffer abutting Janesville Road prior
to or concurrent with any application for Building, Site and Operation Plan Approval.
BE IT FURTHER RESOLVED. That prior to or concurrent with Final Plat approval, the
Subdivider shall enter into a developers Agreement and shall tender a Letter of credit for all
required improvements
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BE IT FURTHER RESOLVED. That the concurrent with the Final Plat or Certified
Survey Map approval for any phase of commercial development within the subject property, the
Plan Commission shall take action to amend the Downtown Design District boundaries to include
the all subject lands that are zoned B-3 / OPD. and said parcels(s) shall thereafter be subject to the
design guidelines presented in the City of Muskego Downtown Design Guide.
BE IT FURTHER RESOLVED. That all deed restrictions and protective covenants shall
be reviewed by the Plan Commission concurrent with the review of the Final Plat(s).
BE IT FURTHER RESOLVED, That any part of this Resolution and Preliminary Plat
approval that is in conflict with the plan approvals received from the Public Works Committee or
Public Utilities Committee shall be reconciled prior to Common Council approval of the
Preliminary Plat. or the recommendations of the Plan Commission pertaining to the Preliminary
Plat of Quietwood Creek shall be null and void.
Adopted
Defeated
Deferred
10-05-1999
Plan Commission
City of Muskego
12-07-99
10-5-99. 1 1-2-99
1 I - 16-99
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